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9 Cards in this Set
- Front
- Back
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Key Case (2) |
Lister v Hesley Hall Ltd - created the new precedent that employers could be liable for the commission of torts by employees so long as 'relative closeness' between the tort and the employee's tort is established Various Claimants v Catholic Child Welfare -established that there need not be employment as long as there is a relationship 'akin to employment' Lord Philips |
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Various Claimants v Catholic Child Welfare Society |
- Sexual abuse by teaching brothers at a school which was not owned or operated by their order. They were not employees of the school. -Lord Philips goes through the purpose of Vicarious Liability; details relevant case law, established that the relevant test is the need for a relationship 'akin to employment' between the tortfeasor and the defendant |
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Basley v Curry |
Supreme Court of Canada decision on the topic of vicarious liability where the Court held that a non-profit organization may be held vicariously liable in tort law for sexual misconduct by one of its employees. |
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Lister v Hesley Hall Ltd |
- Claimants boarded at a house attached to a school - Were abused by a warden employed by the boarding house - Initially it was held that the abuse did not happen in the course of employment - Rejected by the court of appeal - Majority in the House of Lords, influenced by Barsley v Curry - whether the act in question was so closely connected to the course of employment that it would be fair, just & reasonable to allow vicarious liability |
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'whether the act in question was so closely connected to the course of employment that it would be fair, just & reasonable to allow vicarious liability' |
Lister v Hesley Hall Ltd |
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established that the relevant test is the need for a relationship 'akin to employment' between the tortfeasor and the defendant |
Lord Philips in 'Various Claimants v Catholic Child Welfare Society' |
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Mersey Docks and Harbour Board v Coggins & Griffiths |
Previously used 'Control Test' was widely used to determine whether viacarious liablity could be established |
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Ready Mixed Concrete v Minister of Pensions |
The previously used 'Economic Reality' test |
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Viasystems v Thermal Transfer |
- Dual varicarious liability possible whereby the permanent and the temporary employer are both liable |
